Suing An Estate Executor Without A Will In California
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Under California Probate Code 16061.7, trustees are obligated to notify all beneficiaries and heirs within 60 days after the trust creator passes away in order to ensure all parties involved can take appropriate actions regarding their inheritance.
If you choose not to file the will, there is a possibility you could be held liable for damages owed to any beneficiaries, heirs, and creditors who were due to benefit from the estate.
In California, there's no strict deadline for filing probate after death, but it's advisable to begin the process as soon as possible. Delays in filing can lead to complications, such as the estate's assets becoming unmanageable or creditors taking legal action to collect debts.
Generally, in California creditors of a decedent's estate have up to one year (365 days) from the decedent's death to file a timely creditor claim. The claim must be filed inside an open probate court proceeding.
If the person named in the will cannot act or there is no will, then there's an order of priority for who may be appointed a personal representative. The order of priority is any surviving spouse or domestic partner, then a child, then a grandchild, then a parent, and then a sibling.
Failing to file for probate, and executor can face: civil penalties, criminal charges, and financial liabilities. Certain assets and smaller estates may bypass formal probate, allowing for simplified transfer processes.
How To Sue A Deceased Person's Estate: Understanding California Law. Probate Code Sections 550 and 552 provide that an action against a deceased person, where the plaintiff seeks recovery of insurance proceeds only, may be filed against “the Estate of Decedent” within the decedent's estate.
If that person fails to file the Will within the filing deadline set by the state, then they could face civil and criminal charges.
